The appellant/respondent has preferred the above appeal in C.M.A.No.587 of 2005 against the decree and judgment passed by the Motor Accidents Claims Tribunal (I Additional District Judge), Krishnagiri in M.C.O.P.No.612 of 2003 dated 29.06.2004, awarding a total compensation of Rs.34,920/ together with 9% interest per annum from the date of filing of petition till date of payment.

2. Aggrieved by this Award passed by the Motor Accidents Claims Tribunal, the appellant/State Transport Corporation has preferred this appeal before this Court.

3. The facts of the case are as follows;

i) On 211. 2002, the petitioner, Mr. A.T. Karunanidhi, was proceeding in his TVS 50 XL Moped bearing registration No. TN 29 B 0273 along with one Krishnan on the extreme left side of the road following the traffic rules. At about 16.30 hours, the respondent transport corporation bus bearing registration No.TN 29 N 0781 which was driven by the driver in a rash and negligent manner, suddenly, hit the TVS 50 XL Moped. With the result, the petitioner and Krishnan, who travelled in the vehicle were thrown out of the vehicle to a distance and sustained grievous injuries. Because of the rash and negligen